Texting is one of the worst hazards on Athens roads, leading to countless accidents. If you were injured because someone was texting while driving, you need a lawyer. Speak to a trusted Athens texting while driving accident attorney as soon as you can.
Proving that someone was texting is challenging. You will need help from a legal expert who can gather the proper evidence. At John Foy & Associates, we’ll get you started with no upfront costs and no risk.
We do not charge a fee unless we win you money. And with 20-plus years of experience, we know what it takes to win cases. To have us review your case for free, call (404) 400-4000 or contact us online.
What Happens If Someone Causes an Accident While Texting?
Texting while driving is a type of negligence, which means a lack of care. If someone causes your crash because of texting, that driver is responsible. You can request money from the at-fault driver and their insurance company.
The law provides compensation through damages, according to OCGA §51-12-4. Damages are monetary and emotional losses that you suffer because of the other driver, but you won’t receive money automatically. You’ll need to build a personal injury claim.
Your claim must show that:
- The other driver was negligent (or careless).
- The driver’s negligence caused your accident.
- You suffered injuries because of the crash.
You also need to prove the other driver’s carelessness. If the motorist was texting while driving, your claim will require proof. Thankfully, you don’t have to worry about these details alone – a skilled attorney will build your claim and fight for the compensation you deserve.
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How to Prove Someone Was Texting and Driving
Texting while driving is illegal, according to the Georgia Governor’s Office of Highway Safety. If you can show that the driver was breaking the law, that will help your case. But you can’t just declare someone was texting without proof.
We help our clients prove texting while driving through:
- Eyewitness statements
- Cell phone records
- Police accident reports
- Traffic or surveillance footage
- Dashcam video
- Accident reconstruction
Attorneys know how to look for proof in every place. If you’re worried about finding evidence to support your case, schedule a consultation. Many people are surprised by what their attorneys can uncover.
Three Things to Do Immediately After an Accident
There are steps you can take right at the scene, including:
- Exchanging contact and insurance information with the other driver
- Making sure someone calls 9-1-1 to report the crash
- Calling for an ambulance if you need emergency treatment
- Asking any witnesses for their contact information
If you’ve already left the accident location, do the following.
1. Get Medical Attention
Always see a doctor after a car accident—and don’t wait. You should get an exam within 24 hours of the crash, if not the same day. Seeing a doctor will help you in several ways:
- Identifying all of your injuries
- Alerting you to underlying damage or worsening conditions
- Documenting that you received treatment
When you file an accident claim, the insurance company will look for proof. Without evidence of medical treatment, the insurer will doubt your case. It will also look suspicious if you waited too long after the crash to see a doctor.
Make a doctor’s visit the top priority after your accident. Tell the physician that you were in an accident. Also, save your doctor bills, appointment notes, and any medication receipts.
2. Watch What You Say
You might feel tempted to vent about the accident in person or online. Many people take to social media to update friends and family—but in this case, you should avoid the urge.
Anything you say about the collision could be used against you. Insurance companies look for ways to undermine your case or downplay your injuries. More specifically, avoid apologizing or admitting any blame.
There is one person you can talk to the accident about, though: your lawyer. Hire an attorney who you can speak to openly and honestly. Your lawyer will then handle any discussion about the crash with the insurance company.
3. Schedule a Free Consultation
You might feel hesitant to contact a lawyer right away, but it’s a great idea. At the very least, you can learn a lot from a free case evaluation.
Find a lawyer who has vast experience with texting while driving accident claims. They will have helpful insight into local texting laws and your legal rights.
Also, car accident lawyers work purely on contingency. That means you don’t pay anything unless the attorney wins you a settlement. With our team, you also won’t owe anything upfront and can reach us at any time of the day or night.
How Long do You Have to Seek Compensation?
In Georgia, you have two years from the accident date to file a lawsuit. But if you take action quickly, you might get a settlement sooner. You’ll also need to start working on your case as quickly as possible.
If you miss the limitations period, you won’t be able to request money for the accident. Protect your rights by consulting with a legal professional today.
At John Foy & Associates, we’ll make sure you file your case within the deadline. While you heal from your injuries, we’ll build a factual claim and handle the insurance companies. You’re always in good hands with the Strong Arm.
Talk to an Athens Texting While Driving Accident Lawyer for Free
Contact us today for a free, no-risk consultation. Call (404) 400-4000 or contact us online.